Case Note & Summary
The petitioner, B. Narayanappa, an ex-conductor of KSRTC, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the award dated 3.11.2007 passed by the II Additional Labour Court, Bangalore in I.D. No. 119/2005, which dismissed his claim petition under Section 19(4-A) of the Industrial Disputes Act, 1947. The petitioner sought reinstatement with backwages and other benefits. During the hearing, the petitioner's counsel submitted that due to inordinate delay, the workman was willing to give up backwages, all other consequential benefits, and continuity of service if reinstated as Conductor. The respondent Corporation, through its counsel, agreed to reinstate the petitioner as Conductor on the same terms. The Court, recording the compromise, allowed the writ petition, set aside the impugned award, and directed the Corporation to reinstate the petitioner within four weeks. The Court also ordered that the petitioner would not be entitled to backwages, continuity of service, or any other monetary benefits.
Headnote
A) Industrial Law - Reinstatement - Compromise - Section 19(4-A) Industrial Disputes Act, 1947 - Workman agreed to give up backwages and continuity of service in view of inordinate delay; Corporation agreed to reinstate him as Conductor - Court allowed the writ petition and set aside the Labour Court award - Held that the compromise was acceptable and in the interest of justice (Paras 1-3).
Issue of Consideration
Whether the workman should be reinstated in service as Conductor after the Labour Court dismissed his claim petition.
Final Decision
Writ petition allowed. Impugned award dated 3.11.2007 in I.D. No. 119/2005 set aside. Respondents directed to reinstate petitioner as Conductor within four weeks from the date of receipt of order. Petitioner not entitled to backwages, continuity of service, or any other monetary benefits.
Law Points
- Industrial Dispute
- Reinstatement
- Backwages
- Compromise
- Section 19(4-A) Industrial Disputes Act
- 1947
Case Details
2014 LawText (KAR) (02) 8
Writ Petition No. 37355 of 2009 (L-KSRTC)
Sri. Lakshman Rao (for petitioner), Smt. H.R. Renuka (for respondents)
The Managing Director, KSRTC, and The Divisional Controller, KSRTC
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging Labour Court award dismissing claim petition under Section 19(4-A) of Industrial Disputes Act, 1947.
Remedy Sought
Petitioner sought reinstatement as Conductor with backwages and other benefits.
Filing Reason
Labour Court dismissed the claim petition of the workman.
Previous Decisions
II Additional Labour Court, Bangalore dismissed I.D. No. 119/2005 on 3.11.2007.
Issues
Whether the workman should be reinstated in service as Conductor after the Labour Court dismissed his claim petition.
Submissions/Arguments
Petitioner's counsel submitted that due to inordinate delay, workman is willing to give up backwages and all other consequential benefits and continuity of service if reinstated as Conductor.
Respondent's counsel submitted that the Corporation is willing to reinstate the petitioner as Conductor.
Ratio Decidendi
In an industrial dispute, where the workman agrees to give up backwages and continuity of service due to inordinate delay, and the employer agrees to reinstate, the court may set aside the Labour Court award and direct reinstatement without monetary benefits.
Judgment Excerpts
Sri.V.S.N learned counsel for the petitioner submits that having regard to the inordinate delay that has occurred in the matter of seeking the benefit of reinstatement and other monetary benefits, the workman is willing to give up backwages and all other consequential benefits and continuity of service if he is reinstated in service as Conductor.
Smt.H.R.Renuka, learned counsel for the corporation, on instructions from the Chief Law Officer who is present before court submits that the corporation is willing to extend the benefit of reinstatement as Conductor.
Procedural History
The Labour Court dismissed the claim petition on 3.11.2007. The petitioner filed the present writ petition in 2009. The matter came up for hearing on 3.2.2014, when the parties agreed to a compromise.
Acts & Sections
- Industrial Disputes Act, 1947: 19(4-A)
- Constitution of India: 226, 227
